Across the U.S., there are roughly 10.5 million arrests made each year. This means that an arrest occurs every three seconds–however, are they all fair?
Thanks to the Sixth Amendment of the U.S. Constitution, criminal defendants have the right to be represented by an attorney. If a defendant facing prison or jail time cannot afford an attorney, the U.S. Constitution requires the state to provide legal representation for the accused party.
Criminal events can be very complicated, especially concerning multiple charges and defendants. Anytime you are charged with a crime, it is best to hire a lawyer to protect your rights and ensure you receive fair treatment while building the strongest defense.
For most people, knowledge of the criminal justice system comes from movies, TV shows, and/or books. However, when personally involved with the criminal law system, real-life issues come into play, and the need for information and counsel can arise quickly.
Criminal law is composed of issues that arise from criminal offenses. Criminal offenses are defined by federal, state, or local regulations ranging from severe criminal activity, such as murder, to minor infractions, such as littering. Within criminal law, there are criminal punishments, which are established by statutory law, and are typically consistent with the severity of the crime. Minor offenses are only able to be punishable with fines or short-term probation. Depending upon the conditions and jurisdiction, violent crimes can result in prison time, life sentences, and sometimes even a death sentence.
A crime is an act or omission that establishes an offense that may be prosecuted by the state and is legally punishable. Most crimes are defined by statute and vary across different states and counties. The Model Penal Code (MPC) provides a good outline of the most common types of crimes, while the U.S. Code provides a list of all federal crimes. For a list of crimes in your state or local municipality, check your local penal code.
In order to understand criminal law, there are a few terms that you should become familiar with:
The criminal justice system includes the whole criminal process–from the investigation and arrest to the conviction and sentencing– and each person that plays a role in the process. These can include police officers, prosecuting attorneys, bail bondsmen, criminal defense lawyers, judges, witnesses, probation officers, and corrections officers.
During any phase of the criminal process, a person accused of or charged with a crime is entitled to certain fundamental rights from the U.S. Constitution and other court decisions. These consist of the right to a lawyer and the right to a fast jury trial. These rights balance the government’s goal of recognizing and punishing criminal behavior and the primitive need to protect and promote the individual freedoms that characterize a democratic society.
While specific criminal acts vary by jurisdiction, they can be widely characterized as felonies and misdemeanors. As detailed above, felonies include more violent crimes, like rape and murder, and are punishable by imprisonment of one year or more. Misdemeanors are not as serious and are punishable by less than a year of prison or fines.
Unless a crime is a strict liability crime, meaning that no mental state is required, statutes, generally speaking, break crimes into two separate elements: an act and a mental state. For instance, these elements can be knowingly or recklessly. For a defendant to be convicted of a crime, a prosecutor must prove that the defendant has met both of these elements. For instance, larceny is the taking of another party’s property with the intent to strip them of it permanently. In this instance, if a defendant performed the act of taking the property and did so with the mental intention of taking another’s property, it would be possible to prosecute the defendant for committing a crime.
Nonetheless, if a prosecutor suggests that the defendant committed a crime but cannot prove each element of the crime, that is not enough to charge a defendant. A prosecutor must be able to prove each element of a crime beyond a reasonable doubt for a defendant to be convicted. Law enforcement officers, prosecutors, and other government officials must also follow certain criminal procedures when pursuing criminal activity. This is because all citizens have constitutional rights that the federal government must respect and protect. If these civil liberties are not respected, it is possible to prevent a prosecutor from obtaining a conviction in a case. The U.S. Constitution sets forth these civil liberties and protections offered to defendants.
When a defendant goes on trial for supposedly committing a crime, a prosecutor must establish that the defendant is guilty of a crime beyond a reasonable doubt. However, at the same time, the criminal defendant has the right to present a defense and can do so in a variety of ways. Many criminal defenses are available within criminal law that allows defendants to avoid punishment for their actions. Some of the most common criminal defenses include:
One category of defense is arguing that they can’t be found guilty because they were not aware of what they were doing or that their behavior was wrong. At its most severe, this can include the defense of insanity. The defense of insanity requires the defendant to prove that they had a mental disorder that caused them to be incapable of understanding right from wrong or prevented them from managing their actions and resisting violent impulses. In numerous states, the defense of insanity will keep defendants out of prison but require them to be held in a psychiatric facility for treatment.
Likewise, the defense of intoxication relies on the theory that the defendant cannot meet all of the elements of the crime because they did not understand what they were doing. If the defendant was intoxicated against their will, this could be a defense to both the general and specific intent crimes under the theory that the intoxication prevented the defendant from understanding right from wrong. Voluntary intoxication is another defense, but only to particular intent crimes when the defendant argues that their intoxication prevented them from forming the intent necessary for the crime.
Additionally, a criminal defendant can argue the mistake of law or fact. Under this defense, the defendant made a fundamental mistake that negates an element of the crime. For instance, a defendant charged with property theft can argue that he thought the victim had given him the property. Likewise, a mistake of law applies when a criminal defendant believes their actions were legal; however, this defense applies in very few circumstances.
Another common defense category applies when the defendant committed the crime but says that they were justified in doing so. Two of the most commonly recognized defenses under justification are self-defense and defense of others. A defendant can argue that he shot an intruder to defend themselves because the intruder threatened him with a violent weapon. Similarly, under the duress defense, the criminal defendant argues that they only committed the crime because another person forced them to do so. For instance, a criminal defendant can say that a co-defendant told him that if he didn’t commit the theft, the co-defendant would kill him. Lastly, the criminal defendant can argue that they committed the crime to prevent more significant harm under a necessity defense. For instance, the defendant may claim that they needed to steal a car to chase down another individual who was threatening them with an explosive device.
A similar defense is that of defense-of-property. The defense of property can arise when the defendant used force or violence to protect property, such as land or items, from being damaged or destroyed. A limitation with the defense of property is the amount of force used to protect property can never be deadly.
Lastly, a smaller set of defenses can be used to argue that even though it may appear that a crime occurred, the defendant did not commit a criminal act. The defendant can claim that no crime occurred because of the defense of consent. For instance, the defendant can argue that although sexual intercourse happened, it was not rape because the other party consented. A criminal defendant can claim the defense of abandonment/withdrawal if they originally intended to commit or participate in a crime but changed their mind and withdrew from participation. Another possible argument could be entrapment. Entrapment can happen when the government convinces an individual to commit a crime and then tries to punish the person for it. The defendant can argue that no crime would have occurred without the government's persuasion, and they should not be held liable.
It is important to keep in mind that not every criminal case will be the same. The steps in the criminal law process described below are not all-encompassing. Some cases can be simple and not involve every step, and others can be more complex and involve most or all of the steps in the process.
The federal government has agencies, such as the FBI or DEA, that employ criminal investigators to gather and provide information to U.S. Attorneys in correlating districts. The investigators at these agencies will investigate the crime, collect evidence, and help prosecutors understand the details of the case. During this step, prosecutors will look for direct and circumstantial evidence. Direct evidence is any evidence that supports the truth without interference. For instance, testimony from an eyewitness would be direct evidence because the person physically saw the crime. Circumstantial evidence is a statement, or information, taken indirectly or not based on first-hand experience—for instance, a testimony about something that happened before or after the crime occurred.
After all of the evidence from investigators is collected, the prosecutor will decide if the case should be presented to a grand jury. When a person becomes indicted, they are given a formal notice that it is believed they committed a crime. The indictment is composed of basic information that advises the person of the charges they are facing. For potential felony charges, a prosecutor will present the evidence to an unbiased group of citizens, known as a grand jury. Witnesses will be called to testify, evidence is given to the grand jury, and a summary of the case is presented to the grand jury. The grand jury listens to the prosecutor and witnesses and then votes on if they believe that enough evidence exists to charge the person with the crime. They can choose not to charge the individual after receiving the evidence, leading to no indictment from the grand jury. If a defendant is charged, they can hire an attorney of their choice or choose to be represented by a lawyer appointed by the government.
After the individual is charged, either that same day or quickly after, they will be brought before a magistrate judge for an initial hearing on their case. At this time, the defendant will be given their rights, learn more about the charges against them, be given an attorney (or choose an attorney), and the judge will decide if the defendant will be released or held in jail until the trial. Sometimes, the law allows the defendant to be released from jail before the trial if they can post bail. If the defendant does not post bail, the judge can demand that the defendant remains in the U.S. Marshals' custody until trial. The defendant will also have to plead guilty or not guilty to the charges during this step.
Before the trial starts, a prosecutor must learn every detail possible about the case. During this phase, the prosecutor will speak with witnesses, study the evidence, and anticipate any issues they may face during the trial. At the same time, the defense attorney will be preparing in the same way. Both the defense attorney and prosecutor will call witnesses to testify. Prosecutors must also provide the defendant with copies of the information and evidence that will be used during the trial. This process is called discovery and continues from the time the case begins until the time of the actual trial.
If the government believes they have a strong case, sometimes they offer the defendant a plea deal to avoid a trial or reduce their exposure to a longer sentence. A defendant can only plead guilty if they actually committed the crime and admit it in an open court before a judge. After admitting to the crime, they can be “sentenced” by the judge presiding over the court, and only that judge. Sometimes the government will agree, as a part of the plea bargain, to not recommend an increased sentence, but ultimately it is left up to the judge to decide how the defendant will be punished. If a defendant pleads guilty, there will be no trial, but the next step is to prepare for a preliminary hearing.
An initial hearing will be held as soon as the defendant pleads not guilty. The prosecutor must show that enough proof exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive them. The preliminary hearing is similar to a mini-hearing. The prosecution will introduce the evidence and call witnesses to testify, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence. Evidence can be presented at the preliminary hearing that was not allowed to be shown to the jury at trial. The preliminary hearing will conclude with the judge scheduling a trial if they believe the defendant committed the crime, or they will dismiss the charges if they believe the defendant did not commit the crime.
One of the very last steps before trial is for a prosecutor to answer or file motions. A motion can affect the trial, courtroom, defendants, evidence, and testimonies. Only judges decide the outcome of a motion.
After a long preparation period, the prosecutor is ready for trial. This is the process in which the facts of the case are presented to a jury, and they decide if the defendant is guilty or not guilty. During this period, witnesses testify, and evidence is presented against the defendant. The defendant will also be able to present their side, with the help of a defense attorney, also using witnesses and evidence. The prosecutor and defense attorney must choose a selection of jurors for this case to listen to the facts and decide if the defendant committed the crime. Each side will go over opening statements, witness examinations, objections, and closing arguments during the trial. Following the closing arguments, the judge will inform the jury of the appropriate laws and what they must do to reach a verdict. After being charged, the jury will go into deliberation and, after they agree on a verdict, will notify the judges, attorneys, and defendant in an open court.
If the defendant is found guilty and convicted of the crime, a variety of motions can be filed after the trial. Those can include:
A couple of months after the defendant is found guilty; they will return to court to be sentenced. After receiving guidance from many sources, the judge will decide the defendant's sentence. The judge will consider any aggravating or mitigating factors, like whether the defendant had committed the same crime before, whether the defendant seemed to regret the crime, and the nature of the crime itself.
If a defendant believes they were wrongfully convicted or the sentence was too cruel, they can appeal to the Circuit Court. An appeal is the opportunity to raise specific errors that may have occurred at trial. Appeals are often complex and can result in the case returning to trial. Even after a Circuit Court judge decides an appeal, a defendant can attempt to appeal that decision to the United States Supreme Court in Washington, D.C.
Criminal events can be very complex. If you have been charged with a crime, it is in your best interest to hire legal representation to help navigate you through this process.
